Expiration no problem as long as pending renewal
 

So I just got off the phone with USCIS and they told me something interesting. I explained to the lady that my DACA was expiring on September 18th and that i still had not received a decision on my case. She read to me the usual stuff from the website saying i would accrue unlawful status, not allowed to work etc if my DACA expired.

So i mentioned to her that i also read on the website that they would do a temporary extension if my application got delayed and i submitted a renewal prior to 120 days of expiration. I explained to her that it was impossible for me to file 120 days prior to the expiration because they had not even announced the renewal process at that time. By the time the announcement was made and the forms were available i was already about 100 days within expiration (although I foolishly filed around the end of June instead of the same day they announced it). She says to please hold while she gathers more information...

Then she tells me, ok as long as you filed before your expiration you should be ok, all you need is your receipt number and your current EAD. So i asked her, my EXPIRED EAD card and my current receipt and i can continue working legally??? She said yes, as long as your receipt shows that you filed it before your expiration you should be ok. I asked, are you sure? She said yes.

Since i am still skeptical at this point i asked her to give me her name and ID number (her name is "Haley" ID# "G712166"), I will probably call on Monday again to verify with another person because I'm still not too sure about this but wanted to share in case anyone else heard something similar.

Re: Expiration no problem as long as pending renewal
 

She probably just said that to get you off her back with the questions...she obviously has no idea.

Re: Expiration no problem as long as pending renewal
 

Not possible.
If that was the case district offices could print paper extensions... You need an I-766 (EAD card)

Re: Expiration no problem as long as pending renewal
 

That sounds real sketch. If that were the case, why didn't USCIS just write that on the website? Cause we definitely wouldn't have been worrying so much.

Re: Expiration no problem as long as pending renewal
 

yeah she inform you wrong, if you filed it within your time you should some sort of extension

Re: Expiration no problem as long as pending renewal
 

I think there is some validity to OP, as USCIS site states the following :-

"Note: If USCIS is unexpectedly delayed in processing your renewal request, we may provide deferred action and employment authorization for a short period of time until we finish processing your request. We may do this if you filed your request at least 120 days before your current period of deferred action and employment authorization expire."

http://www.uscis.gov/humanitarian/co...enew-your-daca

Re: Expiration no problem as long as pending renewal
 

At least 120 days. Op filed it at 100 days

Re: Expiration no problem as long as pending renewal
 

I'd take anything that comes from what immigration lawyers call the "misinformation line" with a bag of salt. You'd call again and get a different answer.

The notice of action (unless we are talking about a notice of action for a form I-485 or I-539) does not extend your legal presence, and it cannot be used as proof of employment eligibility (even the approval notice for I-765, which outright states that "Yeah we approved your work permit" cannot be used in place of the card). What I'd recommend doing instead is contacting USCIS (or getting an INFOPASS appointment) and explicitly requesting an interim EAD.

Re: Expiration no problem as long as pending renewal
 

This is why i called in the first place, to explain that it was impossible for me to file within 120 days, so was i still eligible for this temporary extension since i couldn't meet the 120 day requirement.

BTW i got approved on 9/18/2012 so my EAD actually expires on the 17th :-/

Re: Expiration no problem as long as pending renewal
 

I just called again (twice), spoke to a guy the first time, he said that if my EAD expired I could continue to work as long as my employer was ok with it and i could show him my receipt that i submitted for renewal. I asked him "So you're saying i can LEGALLY continue to work after my EAD expires as long as i have my receipt and my case is pending?" he said "Yes", I said "Do you have any type of documentation or where are you getting this information from?" He said, "I don't have anything in front of me but from my experience it has never been a problem. If you would like some documentation you can schedule an appointment with your local office".

So I hang up, call again and talk to lady. I explain everything to her again, she then reads me the note that dreamer83 quoted above and says, "ok so you can continue to work as long as you have your receipt number and your case in pending"
me: "Well the reason i called was because i read that but i submitted my application within 100 days"
she: "That's not a problem, with DACA it's different than with a regular EAD, as long as you have your card and your receipt number you should be ok"
me: "ok but on that note it says 'we MAY provide...' so how do i know if the extension is provided? Do i need some sort of document saying it's extended or reference number?"
she: "no you don't need anything as long as you have your receipt and your card, but if you want anything printed you can make an appointment with your local USCIS"

3 calls and all 3 people told me pretty much the same thing, not a single rep has told me that I definitely HAVE to stop working once it expires. Good thing is that i know my employer won't care, but I do hate that none of the reps could point me to some proof where I am confident that they are right.